Solicitor General Supports Catholic Schools in Supreme Court Case

The United States Solicitor General has urged the Supreme Court to review a Colorado policy that excludes Catholic preschools from a state-funded universal preschool program. This action follows a legal battle initiated by the Archdiocese of Denver and two of its preschools, who claim the exclusion constitutes religious discrimination.

Background of the Legal Challenge

In August 2023, lawyers from Becket filed a lawsuit against Colorado on behalf of two Archdiocese of Denver Catholic preschools. A federal court initially supported the state’s decision to exclude religious preschools, a ruling upheld by the Tenth Circuit Court of Appeals. Subsequently, the preschools, along with the Archdiocese and a Colorado Catholic family, petitioned the Supreme Court for review in November 2025.

Solicitor General’s Involvement

The United States Solicitor General recently filed a brief with the Supreme Court, advocating for the Court to hear the case. The Solicitor General’s office highlighted the severity of the Tenth Circuit’s error, the recurring nature of the issue, and the potential benefit of clarifying the law for lower courts, government entities, and the public.

Arguments and Support

The Solicitor General’s brief, submitted by Solicitor General John Sauer and others, emphasizes the concern that Colorado’s program, despite being labeled “universal,” discriminates against religious institutions and families. Nick Reaves, senior counsel at Becket, stated that allowing such exclusion could endanger the participation of any religious group in public life.

In addition to the Solicitor General’s brief, twenty other friend-of-the-court briefs have been submitted to the Supreme Court in support of the parents and preschools. Becket expressed gratitude for the Solicitor General’s involvement and the growing support for the case.

Next Steps

The Supreme Court is expected to decide whether to hear the case in spring 2026.